Montgomery County

Planning Commission

14 January 1998

 

AT A REGULAR MEETING OF THE MONTGOMERY COUNTY PLANNING COMMISSION HELD ON JANUARY 14, 1998 IN COURTROOM B, THIRD FLOOR, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA:

CALL TO ORDER:

Mr. Wells, Chair, called the meeting to order and Ms. Brennan, Secretary, established the presence of a quorum.

Present:Malvin Wells, Chair

Ed Green, Vice-Chair

Kitty Brennan, Secretary

Ray Alcorn, Member

Mary Biggs, Board of Supervisors Liaison

Richard Daub, Member

Joe Draper, Member

Michael Ewing, Member

Don Linkous, Member

Joe Powers, Staff

J. Scott, Staff

Ed Davis, Staff

Phyllis Conner, Planning Department Secretary

Absent:Harry Neumann, Member

PUBLIC HEARING:

Brush Mountain Estates LLC Rezoning Request: (Discussion, Decision)

Mr. Wells opened the public hearing on the Brush Mountain Estates LLC rezoning request.

Mr. Davis showed a video of the area.

Mr. Randal Hancock, Draper-Aden Associates, made a presentation of the proposed development. He addressed restrictions the developer would place on the removal of trees and out buildings. He discussed the turn lane improvements that would have to be made at each the access points from U.S. Route 460 into the subdivision.

Mr. Wells asked for comments from the public.

Mr. Bob Benoit stated that he had concern over the proposed well and septic systems. As a microbiologist he felt there should also be a study of soil problems in the area.

Mr. Bobby Scott spoke in opposition to the request. He expressed concern over the dangerous intersections to the property from Rte. 460 especially for school buses going in and out. He said he felt there is not enough drainage for the mixing of the sewers and wells.

Nancy Scott spoke in opposition to the request. She said she has concern over the loss of the wild life in the area. Wild flowers cannot be transplanted.

Paul Englemeyer, Blacksburg, spoke in opposition to the request. He stated that his concern was the diminishing of the quality of life and the threat to public safety and water. He stated that there is a need for the county to overhaul its zoning.

There being no further comments from the public, the Chair closed the public hearing on the Brush Mountain Estates LLC Rezoning Request.

Cedar Orchard Corporation Rezoning Request: (Discussion, Decision)

Mr. Wells opened the public hearing on the Cedar Orchard Corporation Rezoning Request.

Mr. Davis showed a video of the area.

Carolyn Fullerton, Draper-Aden Associates, representing the contract purchaser Jeanne Stosser, made a presentation of the proposed development. She stated that the rezoning would allow 17 single family lots which would reduce the density from the original Special Use Permit approved for townhouses. Town of Blacksburg has approved public water and sewer for the development. They have proffered that no mobile homes would be placed on the property.

Mr. Wells asked for comments from the public.

Mr. Al Moberg stated that he did some research and the request today does not conform with the 1982 request. He said he would like this request tabled until a master plan of the development is completed.

Mr. Tom Kaloupek, 1211 Cedar Orchard Drive, inquired about the entrances onto Clay St. Ms. Fulton stated that five driveways would have entrances onto Clay St. Mr. Cadlafat, stated that Clay Street is not a two lane road and there should be a covenant to prohibit access onto Clay Street.

Eric Oliver, 1540 Clay Street, stated that there has been constant drilling and blasting of the bedrock for the past 4 1/2 months and with the large number of sinkholes, he is concerned for his own well water. The negative impact on the natural resources and scenic quality have been compromised in the development. They diminish the quality of life.

Dr. Ernest H. Kastning, Geologist Radford University, addressed the commission about construction of this development on top of sink holes. There are sinkholes up to 150 feet in size and springs on both sides of Clay Street. He distributed material to the commission concerning the environmental impacts of this proposed development of the eastern Area of the Orchard, Clay Street. He stated that he had served on the county’s Karst Committee in 1990 and he felt this request should be tabled until a more geoloical technical study is completed. He felt the density is unsuitable for the site.

Ellen Oliver, 1540 Clay Street, expressed concern abut the public safety of the residents and only one ingress/egress from Cedar Orchard. She said Clay Street cannot support additional traffic. There may be hazardous chemicals buried on the site. This development would also have an adverse impact on esthetics.

Marcus Oliver, 211 Woods Edge Court, stated that the development of the 33 acres is not a total surprise to him. He said density will be a serious problem. The proposed townhouses will be less smaller and less expense than the Orchards. He felt a detailed study should be made of this development.

Monica Applebey, 155 Clay Street, spoke in opposition to this request. She said this proposal is dangerous because of the sink holes and karst terrain. She is also concered about public safety and access. She recommended that this request be tabled until the Comprehensive Plan is updated. She asked for those in the audience against the request to raise their hands.

Nathan Kirchbaum stated that his main concern is the increased traffic problem that will be created with this development. It will create a bottleneck.

Rengin Holt stated that she was interested in buying the property for use for a few single-family houses.

Brian Masnick, 1533 Clay Street spoke in opposition to this request. He said there is a major power line that crosses the property and Clay Street is too narrow to have an increase in traffic and school buses. Clay Street is only 16 feet wide.

Gail Mesnick, 1538 Clay Street stated that the widening of Clay Street should be done before the proposed development.

Marty Wunsch, 1470 Harding Avenue, stated that it is important to preserve the character of Ellett Valley. He placed deed restrictions on his own land to preserve it. Townhouses were more appropriate in other parts of Blacksburg.

Ms. Fullerton addressed the concerns of the citizens. She said that improvements to Clay Street was a chicken and egg dilemna. VDOT would not make the improvements until after the traffic problems accelerated.

There being no further comments from the public, the Cedar Orchard Corporation rezoning request was closed.

Mr. Wells opened the public hearing on the William & Lockie Greear rezoning request.

Mr. Davis showed a video of the area.

Mr Don Rainey, Rainey Engineering, made a presentation on the proposed plan for Auburn Village. He presented maps showing the key concepts of the planned unit development zoning and explained the type of residential dwellings and commercial businesses that would be placed in the development. Residential would be clustered. Core amenities would be equestian oriented with stables and a trail system. There would be a coordinated greenway and open space plan. Entrances onto Riner Road and Fairview Church Road would be controlled. There would be an architectural review committee as part of the homeowner’s association. The entire plan is a 20-year plan.

Mr. Wells asked for comments from the public.

Mr. Bruce Thomas, 3920 Riner Road, stated he is concerned that Riner is losing its quiet and tranquility. He said he sees no reason for any businesses in Riner as it will only be taking away the quality of life that now exists.

Virginia Riley, Sidney Church Road, and representing the Friends of Riner Group, expressed her concern over the low density, traffic and safety on Route 8 and Fairview Church Road, water and sewer quality and drainage problem. There would be an impact on the entire community. She stated that the Comprehensive Plan should be revised before any development is done.

Bob Mitchell, 3484 Tyler Road, stated that he wished a current Comprehensive Plan was available. He said planned growth is needed to insure the quality of life. Sewer for latter phases must come from elsewhere. The school will be over capacity.

Charlie Bowles, Riner, expressed concern over the upgrading of Route 8, and the protection of water. There may be farm chemicals and a bone and animal graveyard on the property. He is against a new sewage treatment plant. He said Riner is not ready for more growth.

Margaret Smith, Riner, gave the following address concerning the rezoning of the Greear property:

"I have a question relative to the 22 acres that is designated commercial in the proposal. As I understand it, the total impervious area subject to water run-off would be 17 acres.

A year ago when Auburn Hills Golf Club representatives made their presentation to the community, we were told that they originally had planned to include an additional 15 acres of commercial property, but were advised by County staff not to do so. This would have translated into about 12 acres of asphalt and buildings. Since this land is across Route 8 from the Greear property, about a mile from Fairview Church Rd. (669), and since it would have had only the one entrance from Route 8, whereas the Greear commercial property will have several directly onto Route 8, across from the golf course, and Fairview Church Road (669), which would almost immediately feed the majority of vehicles onto Route 8 at our busiest intersection, I’m wondering how this commercial location would be a better one than the Altizer property?

I would greatly appreciate this subject’s being addressed during your deliberations."

Lewis Nash, U.S. Postal Service, Greensboro, asked if there would be a direct access from Route 8? He stated that the Postal Service desires direct access from the main highway.

Michelle Lowe, Blacksburg Planning Commission, expressed her concern over

the cluster development. She doesn’t like houses on top of the ridges and no development in the hollows.

Ron Angert, stated that he is not opposed to the request. He does have concern with the complete failure to approach the traffic problems on Route 8 from the school, golf course and existing community. He said Route 8 road work needs to be completed before the development.

Don Rainey addressed the concerns of the public. He stated that the time frame for the development would be 20 years or greater.

There being no further comments, the public hearing on the William & Lockie Greear Rezoning Request was closed.

Paul Epperly Rezoning Request: (Discussion, Decision)

Mr. Wells opened the public hearing on the Paul Epperly Rezoning Request.

Mr. Davis showed a video of the area.

Mr. Epperly made his presentation. He stated that he bought the land several years ago to build a house. He did not know that the property was zoned commercial until he applied for a permit to build his house.

Pat Robinson, adjacent property owner stated that he had no opposition to a house being built next to her.

There being no further comments, the Paul Epperly Rezoning request public hearing was closed.

Sisson & Ryan, Inc. Special Use Permit request: (Discussion, Decision, Conditions)

Mr. Wells opened the public hearing on the Sisson & Ryan, Inc. Special Use Permit request.

Mr. Davis showed a video of the area.

Mr. Thomas Dunkenberger, Vice-President Sisson & Ryan, Inc. explained the company’s operation. To date they have disturbed about 36 acres of the 100 acres covered by their existing Special Use Permit. They have acquired an additional 125-130 acres surrounding the quarry. This is a unique deposit where the rock has been fractured by glacial pressure. Little additional crushing is needed. They have the cheapest stone of any quarry in Virginia.

Darrell Watkins, adjacent landowner, spoke in favor of the request. He said Sisson & Ryan is a good neighbor.

Paul Thomas, adjacent landowner, stated that public relations with Sisson & Ryan is good. They work well with people in the neighborhood. There is no unfavorable attitude toward the quarry and their expansion.

There being no further comments, the public hearing on the Sisson & Ryan, Inc. Special Use Permit request was closed.

Margaret Smith, Riner, addressed the commission with the following:

"Recently this commission received requests for rezoning in the Riner area by Carilion and Turman Lumber Co. Both these presentations included color visuals that, in the words of Supervisor Mary Biggs, were "impressive". I must say, when one listens to one of these presentation, it can often sound reasonable, well-planned, and appear to have taken into consideration the adjacent and surrounding property owners. It is amazing how fast all that changes when citizens give their input.

That is why I was pleased that citizens, and in the case of Carilion, Radford City representatives, were allowed to speak past their allotted three minutes. It is also important to allow citizens some opportunity to vent their frustrations, as happened at both hearings on the Turman rezoning. I do, however, wonder if venting should go on for five or more minutes if the person is simply repeating himself or herself over and over without adding anything new.

Citizens often provide information this commission does not have, and I wonder whether a three-minute time limit accomplishes this very well. It would seem that the primary purpose for the hearing/public address is to get as much information as possible for making a decision that is sensitive to the segment of the community affected by a rezoning. On the other hand, it would also seem a waste of time to listen to someone repeat themselves excessively. Would it not be more beneficial to all if your three-minute time limit be for someone to say whatever he/she wishes, however unpolished and emotional it might be, but allow more time for those who continue to provide information, whether such information is what some want to hear or not?

For that matter, would it not save time if those making a rezoning request also be limited once they begin to repeat themselves? I’m thinking in particular of the presentation made by Turman Lumber’s representatives who made the presentation, and repeated it several more times adding no new information, but consuming a great deal of time.

I have never been in a planning commission public address where citizens took up an inordinate amount of time, even before you added the time limitation, and hope you will consider this suggestion."

There being no further comments, the public address was closed.

On motion by Don Linkous, seconded by Ed Green and unanimously carried, the agenda was approved as distributed.

The Commissioners discussed the request. There was concern that the small lot residential development of the density proposed was not compatible with the Comprehensive Plan. Also discussed was the sliding scale concept of the draft Zoning Ordinance if the property remained zoned Agriculture (A-1)

On motion by Ray Alcorn, seconded by Kathryn Brennan and carried by a vote of 6-0 (Joe Draper, Don Linkous, abstaining) the Brush Mountain Estates, LLC, request to rezone 417 acres; Tax Parcel No. 15-A-16, from A-1 (Agriculture) to R-1 (Residential) is recommended to the Board of Supervisors for denial. Property is located on the east side of Pandapas Pond Road, between Preston Forest subdivision and the Jefferson National Forest in the Mt. Tabor Magisterial District.

The Commissioners discussed the request.

On motion by Kathryn Brennan, seconded by Don Linkous and carried by a vote of 4-3 (Ray Alcorn, Ed Green, Michael Ewing, opposing, Joe Draper, abstaining,) the Cedar Orchard Corporation request to rezone 8 acres from RM-1 (Multi-family) to R-3 (Residential); Tax Parcel No. 41-3-1 is tabled until the regular Planning Commission meeting on January 21st. Property is located on the north side of Clay Street, immediately east of Cherry Lane in the Mt. Tabor Magisterial District.

Mr. Green expressed concern over proper access to the property. Discussion followed. Staff explained that access would be less of a problem if the property were rezoned to residential use rather than leaving it zoned for business use.

On motion by Don Linkous, seconded by Richard Daub and unanimously carried, the Paul Epperly request to rezone 2 acres from GB (General Business) to R-3 (Residential); Tax Parcels Nos. 90C-A-20A and 20C is recommended to the Board of Supervisors for approval. Property is located behind 3079 Radford Road in the Riner Magisterial District.

Mr. Alcorn commended the Sisson & Ryan organization on their operation and the good public relations with the neighbors. Discussion followed.

On motion by Joe Draper, seconded by Kathryn Brennan and unanimously carried, the Sisson & Ryan, Inc., request for a Special Use Permit to allow expansion of an existing quarry to 127 acres; Tax Parcel Nos. 82-A-83,86,88,91,91A,93,108A,110,111,112 and 113 is recommended to the Board of Supervisors for approval subject to the following nine conditions: Property is located on Roanoke Road, between Wayside Drive and Poplar Hollow Road in the Shawsville Magisterial District.

1. This permit is for the operation of a quarry on 126.73 acres, as delineated on Plan No. 9797, prepared by Correll Surveying and dated November 19, 1997. In accordance with the provisions of the zoning ordinance, this permit will automatically become void if quarrying operations cease for a period of two years or more.

2. All quarrying, excavating, drilling, or stockpiling shall be conducted between the hours of 6:00 AM to 10:00 PM, Monday through Friday; and 6:00 AM to 12:00 Noon on Saturday. Special permission for additional hours during times of high demand may be granted by the Zoning Administrator.

3. All quarry operations shall comply with all state and federal regulations.

4. No quarrying, excavating, drilling, blasting, or stockpiling shall be permitted within 500 feet of an inhabited building, or within 100 feet of the property boundary.

5. In all blasting operations, the maximum peak particle velocity shall not exceed one inch per second immediately adjacent to the nearest inhabited building, and sound level shall not exceed 129 decibels at the nearest inhabited building. All blasting shall take place between the hours of 9:00 AM to 4:00 PM, Monday through Friday.

6. The quarry operator shall maintain records of seismic and sound monitoring of blasting operations according to Division of Mineral Mining requirements, and these records shall be available for inspection by the Zoning Administrator.

7. Before leaving the quarry, trucks shall be loaded and cleaned so as to minimize discharge of rock, dust, etc.

8. The quarry operator shall prepare and implement a landscaping plan that will reduce, though not necessarily eliminate, views of the quarry from surrounding public highways. Expansion of the quarry beyond the originally permitted 100 acres shall not be permitted until the landscape plan is submitted and approved by the Zoning Administrator.

9. Compliance with these conditions shall be verified by the Zoning Administrator. The quarry operator shall cooperate fully with the Zoning Administrator during all inspections of the quarry.

NEW BUSINESS:

Sterling Manor Subdivision Phase I - Final Plat:

Mr. Powers stated that the Planning Commission had approved the Preliminary Plat of Sterling Manor Subdivision, Phase I. Discussion followed.

On motion by Ray Alcorn, seconded by Ed Green and unanimously carried, the Sterling Manor Subdivision Phase I Final Plat is approved for one year subject to the following conditions:

1.Construction plans for streets and drainage shall be reviewed and approved by the Virginia Department of Transportation (VDOT).

2.Provision for individual septic systems for each lot shall be reviewed and approved by the Montgomery County Health Department.

3.Power lines, telephone lines and other public utilities shall satisfy the requirement for underground utilities. (Section 8-155(a)).

4.An erosion & sediment control plan shall be reviewed and approved by the Skyline Soil & Water Conservation District (Plan approving authority).

5.Application shall be made to rezone Ex Lot 1 from Agriculutre (A-1) to Residential (R-1).

6.A Homeowner’s Association shall be established beginning with the first phase. Add note reading "The Homeowner’s Association shall be responsible for maintenance and liability of all detention facilities, recreation areas, trails and other common facilities."

7.The Homeowner’s Association Bylaws shall be reviewed and approved by the County Attorney.

The following members were appointed to a committee to meet on January 20th and discuss the William and Lockie Greear rezoning request:

Ray Alcorn

Mike Ewing

Kitty Brennan

There being no further business, the meeting was adjourned at 10:00 p.m.

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